TMI Blog2018 (2) TMI 1377X X X X Extracts X X X X X X X X Extracts X X X X ..... e name of the assessee in the ledger account for the period relevant to the assessment year 2010-11. It was also noted that despite such transactions, they have still not filed a return of income. All these are primarily factual aspects and cannot be gone into in the writ petition. It would be always open for the petitioner to establish that these transactions do not concern the petitioner or that the transactions are well explained. Whatever be the petitioners defence must be raised before the Assessing Officer during such assessment proceedings and not before this Court in a writ petition. - Special Civil Application No. 21623 of 2017 - - - Dated:- 19-2-2018 - MR. AKIL KURESHI AND MR. B. N. KARIA, JJ. For The Petitioner : Mr Sn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n. However, such petition came to be dismissed by this Court by an order dated 13.09.2017 making following observations: 4. At this stage, where the assessment is yet to be carried out, we are not inclined to enter into the disputed questions of facts in a writ petition. The department was not oblivion of the stand of the firm that it was already dissolved and that therefore no longer engages in the same business. This would be clear from the reasons recorded by the Assessing Officer. Despite which, the Assessing Officer on the basis of materials on record, noted that TDS was deducted by the payee on the amounts paid or credited in favour of M/s. Vinay Printing Press which would suggest that the said firm was in existence during the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court by recording reasons. Fresh petition is therefore not maintainable. The department has voluminous materials suggesting that during the relevant period, the petitioner had made payments and received payments of interest. At this stage, it is not possible for this Court to go into such factual aspects. 7. As noted, in the earlier petition also the petitioner had challenged this very notice which is under-challenge in the present petition. The Court had examined the petitioner's contentions and dismissed the petition. Fresh petition on the same cause of action against the same notice would not be maintainable. It is true that at that stage, the petitioner was not supplied the reasons recorded. However, if the petitioner was of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earch, it is seen that the assessee has entered into huge cash loan transactions. The ledger account alone shows credit of ₹ 3,38,28,000 and a bit of ₹ 2,28,28,000. There are as many as 20 entries of casy loan transactions in the name of the assessee, in the ledger in the period corresponding to AY 2010-11. The assessee has not filed the return of income for A Y 2010- 11. Given the huge quantum of cash loan transactions entered into by the assessee. I have reason to believe that income in excess of ₹ 1 lakh has escaped assessment. Accordingly, I am satisfied that the income in excess of ₹ 1 lakh, chargeable to tax has escaped assessment and hence it is a fit case for reopening the assessment within the meaning ..... X X X X Extracts X X X X X X X X Extracts X X X X
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